85R5960 MCK-F
  By: Raney H.B. No. 2225
  relating to the licensing of family residential centers by the
  Department of Family and Protective Services and the detention of
  certain juveniles.
         SECTION 1.  Subchapter C, Chapter 42, Human Resources Code,
  is amended by adding Section 42.0538 to read as follows:
         Sec. 42.0538.  FAMILY RESIDENTIAL CENTERS. (a) In this
  section, "family residential center" means a facility that:
               (1)  is operated by or under a contract with United
  States Immigration and Customs Enforcement to enforce federal
  immigration laws;
               (2)  detains children with a parent or other adult
  family member who remains with the child at the center or children
  who are not accompanied by a parent or other adult family member;
               (3)  provides care for children for at least part of a
         (b)  Except as provided by Subsection (c), the department
  shall license a family residential center in the same manner as the
  department licenses a general residential operation under this
         (c)  The executive commissioner may exempt a family
  residential center from any rule applicable to a general
  residential operation as the executive commissioner determines
  necessary to: 
               (1)  allow members of a family to remain together in the
  same living space;
               (2)  allow a child's parent or other adult family member
  who is housed with the child to supervise and care for the child at
  the family residential center; or
               (3)  operate the family residential center.
         (d)  The department's licensing and oversight of family
  residential centers is consistent with the purposes of this
  chapter. This section does not authorize this state to enforce
  federal immigration law.
         SECTION 2.  Section 54.011, Family Code, is amended by
  amending Subsection (f) and adding Subsection (g) to read as
         (f)  Except as provided by Subsections [Subsection] (a) and
  (g), a nonoffender[, including a person who has been taken into
  custody and is being held solely for deportation out of the United
  States,] may not be detained for any period of time in a secure
  detention facility or secure correctional facility, regardless of
  whether the facility is publicly or privately operated. A
  nonoffender who is detained in violation of this subsection is
  entitled to immediate release from the facility and may bring a
  civil action for compensation for the illegal detention against any
  person responsible for the detention. A person commits an offense
  if the person knowingly detains or assists in detaining a
  nonoffender in a secure detention facility or secure correctional
  facility in violation of this subsection. An offense under this
  subsection is a Class B misdemeanor.
         (g)  Notwithstanding any other law, a status offender or
  nonoffender who has been taken into custody may be held solely for
  deportation out of the United States for any period of time in a
  publicly or privately operated, licensed, nonsecure facility,
  including a family residential center, as defined by Section
  42.0538, Human Resources Code.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2017.